Loading...
HomeMy WebLinkAbout05162005 . CITY OF PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF MAY 16, 2005 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council of the City of Port Townsend met in regular session this sixteenth day of May, 2005, at 6:30 p.m. in the Port Townsend temporary Council Chambers in the Cedar Room of the Waterman & Katz Building, Deputy Mayor Michelle Sandoval presiding. ROLL CALL Council members present at roll call were Frank Benskin, Freida Fenn, Kees Kolff, Geoff Masci, Laurie Medlicott, and Michelle Sandoval. Catharine Robinson was excused. Staff members present were City Manager David Timmons, City Attorney John Watts, Public Works Director Ken Clow, and City Clerk Pam Kolacy CHANGES TO THE AGENDA There were no changes to the agenda. . PROCLAMATION Deputy Mayor Sandoval presented the following proclamation National Preservation Month: accepted by Mari Mullen and Carol McGough Ms. Sandoval asked the documentary filmmakers present to introduce themselves. They noted they would be asking for signed releases from participants, those who do not agree would not appear in their film. COMMENTS FROM THE PUBLIC (consent and non-agenda items) Joshua Bennun: freedom of speech. MAYOR, COUNCILOR, CITY MANAGER RESPONSE City Attorney John Watts stated that the Council Rules and Roberts Rules of order require that comments be directed toward issues and not personalities. CONSENT AGENDA . City Council Business Meeting Page 1 May 16. 2005 . Motion: Mr. Benskin moved for approval of the following items on the Consent Agenda. Mr. Masci seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills, Claims and Warrants Vouchers 93902 through 93938 in the amount of $66,451.56 Vouchers 505051 through 505058 in the amount of $75,353.16 Vouchers 522051 through 522052 in the amount of $594.00 Approval of Minutes April 18, 2005 April 25, 2005 May 2, 2005 May 9,2005 Approval of Action Refer PEG Task List to Finance & Budget Committee for review and recommendation to Council, with PEG Access Coordinating Committee to provide in next few weeks for the Finance & Budget Committee's June 21 meeting, the following: fee proposals, breakdown of hours, costs of Insurance. Approval of Resolution . Resolution 05-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING THE CITY MANAGER TO AWARD AND EXECUTE A CONSTRUCTION CONTRACT WITH AIR EXCHANGE, INC. TO INSTALL A SOURCE POINT EXHAUST SYSTEM REMOVAL SYSTEM PUBLIC HEARING RESOLUTION 05-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING FINDINGS IN SUPPORT OF ORDINANCE 2896 REGULATING FORMULA RETAIL ESTABLISHMENTS Ms. Sandoval disclosed that an employee of her real estate firm is handling leasing in the PT Lumber building. She added that per the City Attorney's direction, she would not recuse herself from the proceedings. Deputy Mayor Sandoval reviewed the rules or procedure for public hearings. . No council members had any financial interests to disclose. City Council Business Meeting Page 2 May 16, 2005 . City Attorney John Watts reviewed the packet material. He corrected the record regarding comments made at the Chamber of Commerce meeting this afternoon which indicated he had prepared the ordinance with Mr. Goldman and Mr. Hinkle. Mr. Watts stated that he had no part in preparation of the ordinance but reviewed the version presented to him and made several minor changes only to clarify definitions and that the ordinance was interim only. He also noted for the record that this is an interim and not a final ordinance. Following the public hearing, the Council may leave the interim ordinance in place, modify it, or rescind it. If no action is taken, the ordinance remains in place for either the remainder of the 60-day period or for six months, depending on legal interpretation. City Manager Timmons noted that an interim ordinance provides for status quo and allows for an organized response to a particular issue with proper notification to parties and citizens. The public hearing is designed to reach out and see who the interested parties are and identify parties to bring to the table for discussions relative to the ultimate disposition of the matter. Public comment: Donn Trethewey: stated he was sorry that Hollywood Video would not be excluded by the interim ordinance; spoke of the special nature of Port Townsend and incompatibility of formula stores. . Pat Rodgers: noted that although he is a County Commissioner, he is not speaking on behalf of the Commissioners. He asked that when the City addresses significant land issues, that they coordinate with other government entities; he noted that the County holds significant properties in the City which could be used for retail purposes in the future. An ordinance such as the one proposed could damage the value of County property. Ann Scarborough: spoke in favor of restrictions on formula stores; does not want Port Townsend to become full of strip malls as other cities have done. Shirley Rudolph: urged caution about adopting the ordinance and stated that there have not been many new local businesses for years which serve locals. She listed many franchise businesses which are not large corporate-owned businesses, but are owned by young people who need the support of a larger entity to get started. She also added that many chain stores have left historic downtown Port Townsend in the past, including NAPA and J.C. Penney. . Kate Burke: (Fort Worden State Park) - stated that the financial vitality of the Park could be affected by the ordinance. State Parks have been directed to reach self- sufficiency and reach out to business partners. Currently the food service vendor would meet the definition of formula restaurant; the ordinance could limit the Park's ability to contract for various services such as food and lodging vendors. City Council Business Meeting Page 3 May 16, 2005 . Jean Dunbar- Chair of Fort Worden Advisory Board, stated she supports Ms. Burke's comments. Glen Hughes: Does not understand how the ordinance would involve Fort Worden. He stated he was flabbergasted by Chamber of Commerce for opposing the ordinance as written since they should be protecting small businesses. Duncan Kellogg stated the population will not support large companies; said that the City needs to increase sources of current revenue which are real estate and growth. He said that if the ordinance passes, the City would have a tough time meeting debt service. Bill Lemaster: stated that land use is a tool and the City can't discriminate against forms of ownership but can provide land use standards for businesses. He stated that Fort Worden could ask for a variance. Homer Smith: stated it is not right to try and change the rules for some people; the City may be trying to protect individuals, but many franchises are designed for individual business owners who might fail without that support. He stated that we want businesses to survive in the community and if the community does not support them by patronizing them, they will fail for that reason. He stated the City Council must represent all the citizens, not just special interest groups. . Mimi Rosenberg: (speaking for herself and husband): stated the people of the town need choices and that that the members of the populace will choose which businesses to support. She noted that the Leader survey showed that the majority of citizens would like more choice in what they can purchase in the City. She added the town should be proud of the Chamber of Commerce; the City must have a thriving business population at the heart of money coming back into the town. Denise Arey: directed comments to the adult business moratorium rather than formula retail stores. Jim Todd: spoke in favor of ordinance, stating it will keep Port Townsend's current identity intact. Alan Johanson: spoke in favor of ordinance, citing effect on local businesses and town character. Karen Alfke: spoke in favor of ordinance as a small business owner, believes ordinance will help small local businesses. Kathie Meyer: cited Bremerton and Pullman as examples of towns fighting big box stores; concerned about environment if they are allowed. . City Council Business Meeting Page 4 May 16, 2005 . David Goldman: stated the purpose of the resolution is to maintain the status quo which will allow time needed to have a full discussion. He added that the emotions and fears he has heard tonight from the business community are unjustified and that the ordinance still allows most businesses to locate in Port Townsend. Willow Wagstaff: stated that not having formula retail stores is one of the prices of living here; she stated citizens of Port Townsend can have variety by going to some other town. Shirley Rudolph: stated that many questions were raised at the Chamber concerning the design restrictions within the ordinance; asked if these will restrain just formula businesses or all businesses. She stated the City must keep a certain level of small and medium sized businesses; she urged the Council to think twice before putting the ordinance into place. Staff response: City Attorney Watts reiterated that the basis of a zoning ordinance cannot be economic protectionism, but must be based on implementing policies in the Comprehensive Plan such as diversity of business, diversity of retail mix, and maintaining the character of the town. He added that the ordinance deals only with retail and restaurants, not hotels, insurance companies, tax services, etc. . Mr. Watts added that the ordinance is interim in nature; regards a complicated topic and the interim nature allows time for review and legal analysis. He stated a possible outcome would be to hold the public hearing open for two weeks to allow additional written comment to be provided. Councilors could also indicate areas they would like to specify for additional review and/or amendatory language which could be brought back to the next meeting. Mr. Timmons stated that David Bricklin, who worked with Bainbridge Island during their litigation, has been retained to review the draft and give us legal guidelines and suggestions for the final document. He stated he would like to have that opinion in hand prior to the Council discussing the ordinance again. Mrs. Medlicott asked about funding for the consulting attorney. Mr. Timmons stated that there are funds in the current City Attorney budget for that purpose. Ms. Sandoval asked if there was anyone in the audience who wished to speak in the interests of clarifying questions from any Councilor. There were none. RECESS Ms. Sandoval declared a recess at 7:53 p.m. for the purpose of a break. RECONVENE . City Council Business Meeting Page 5 May 16, 2005 . The meeting was reconvened at 8:05 p.m. Deputy Mayor Sandoval stated she would declare that the public hearing be continued until June 6 in order to leave the public record open for further written comments. Mr. Masci stated the Council needed to vote on that action. Motion: Mr. Masci moved to continue the public hearing for the purpose of receiving written comment until June 6. Mrs. Medlicott seconded. Ms. Fenn and Mr. Kolff spoke in support of the motion. Mrs. Medlicott spoke in opposition. It was noted by staff that in order to have information available for the June 6 meeting, written comments could be accepted until May 31. Conseus was to substitute May 31 for June 6 in the motion. Vote: motion failed on a tie vote, 3-3, with Medlicott, Masci and Benskin opposed. Deputy Mayor Sandoval declared public testimony closed. . Mr. Masci stated he has many reservations about adopting the resolution and does not find the supporting clauses to be accurate. He challenged the Council to speak to the issue of the resolution or the contents of the ordinance. Ms. Sandoval recommended discussion of the resolution and not the ordinance at this time. Motion: Mr. Kolff moved for approval of Resolution 05-021. Mr. Masci seconded. Mr. Kolff stated he believes the resolution is adequate and states an accurate reflection of the situation; he added he hopes the public and other public entities can continue to be involved. Mr. Benskin stated he would like the clause regarding public health, safety and welfare to be removed. Mr. Kolff stated he would accept the amendment to his motion. Mr. Benskin encouraged the public process through the Planning Commission and stated that we must take time and craft the ordinance well. . Mr. Watts stated that the fifth clause is a boilerplate reference which is a basis for any zoning action, whether interim or permanent; the blanket phrase supports the requirement that all land use actions are done for reasons of public good and not because they are a popular idea; he stated that even without the phrase it is implicit and that it is part of the Council's consideration. City Council Business Meeting Page 6 May 16, 2005 . Mr. Masci stated that although some are full of zeal to be on the front edge of social change, it must be done correctly; he believes the ordinance is flawed and needs to be based not on the fear that the barbarians are at the gate but on a solid design basis. He added that he does not want the City to be vulnerable to litigation; also objected to expenditure on outside legal advice at this time. Mr. Benskin stated that the next step is not with the Council but with the Planning Commission and the logical progression of the ordinance. Mr. Masci stated he would prefer that the third, fourth and fifth clauses be removed which would essentially gut the resolution. Mr. Watts stated that if the resolution is not adopted nor changed tonight, the ordinance remains in effect. It does not go away based on a non-action by the Council. State law requires a public hearing within 60 days of an interim ordinance and findings must be adopted. If findings are not adopted tonight, the ordinance remains in effect for at least the 60-day period, and the Council can adopt findings later. If no findings are adopted the interim may still be effective for 6 months if the whereas clauses in the ordinance are treated as findings. He added that the ordinance automatically goes through the City's land use process and is referred to the Planning Commission. . Vote: Motion failed on a 3-3 tie, with Benskin, Masci & Medlicott opposed. [Minutes corrected to reflect vote, which was omitted from draft.] Motion: Mr. Masci moved to forward Ordinance 2869 to the Planning Commission with the following changes: deletion of 3 (B) shall not have a street level frontage of greater than 50 lineal feet nor have its retail space occupy more than two stories; (C) may not exceed 3,000 square feet; 6(A) requirement for Conditional Use Permit; 0(1) on a site not located on a street comer; and 0(3) must be in a building that is shared with at least one other business that is not a formula retail establishment of any kind. Mr. Benskin seconded. Ms. Fenn stated she will not support the motion, and would like to see the ordinance go forward to the Planning Commission in its present form. Mr. Benskin asked if recommendations for change based on Council opinions may be forwarded to the Planning Commission. Mr. Watts stated that individual comments or comments approved by the Council may be forwarded to the Planning Commission. He stated that on a legislative matter, individuals could submit comments to the Planning Commission. Individual Council members making comments would set a precedent which has not been done before. He does not recall this as a common practice, but stated there are no . City Council Business Meeting Page 7 May 16,2005 . legal issues involved. Mr. Masci stated he has testified previously as a Councilor before the Planning Commission. Mrs. Medlicott stated that if the ordinance is passed as written, she has serious concerns about the continued existence of Fort Worden. Vote: motion failed on 3-3 tie vote with Sandoval, Fenn, and Kolff opposed. Ms. Sandoval stated the interim ordinance will continue to be in effect for the remainder of the 60-day period or for 6 months, and will be forwarded to Planning Commission for public hearing and recommendation to the Council. Mr. Timmons noted that the first available date for the Planning Commission to discuss the formula store ordinance is September 8. The item will probably come before the Council some time in October. Deputy Mayor Sandoval noted that the public hearing was concluded at 8:48 p.m. UNFINISHED BUSINESS RESOLUTION 05-019 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FOR THE ESTABLISHMENT OF A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN UNDER SECTION 104(D) OF THE HOUSING AND COMMUNITY DEVELOMENT BLOCK GRANT (CDBG) FUNDS TO CONDUCT AN AFFORDABLE HOUSING NEEDS ASSESSMENT FOR PORT TOWNSEND AND EAST JEFFERSON COUNTY City Manager David Timmons reviewed the agenda packet material and noted that adoption of the resolution is a continuation of the application process for the Community Development Block Grant funds and will bring the City into compliance with the grant conditions. Public comment: none Motion: Mr. Benskin moved for adoption of Resolution 05-019. Ms. Sandoval seconded. The motion carried, 5-0 (Mr. Masci out of the room). NEW BUSINESS PROPOSED AMENDMENT TO THE CURRENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND JEFFERSON COUNTY FIRE DISTRICT 6 FOR CONSOLIDATED FIRE DEPARTMENT OPERATIONS . City Council Business Meeting Page 8 May 16,2005 . Fire Chief Mike Mingee reviewed the packet materials, explaining that Jefferson County Fire District 1 has requested to be involved in the current consolidated operations between Fire District #6 and the City. In answer to a question from Mr. Watts, Chief Mingee noted that the terms of the interlocal agreement would be the same, with a recommendation expected in September from the Joint Oversight Board; if the Board can't make a recommendation by that time, the consolidation will continue unless there is a six month notice to terminate the agreement. Mrs. Medlicott noted that the Commissioners from Fire District 1 and Fire District 6 have voted to approve this amendment; the City Council delegates have stated that approval on the City's part must come from the full Council. Ms. Fenn asked if the consolidation includes Fire Districts #1, #6, and the City, what would be the protocol if large fires occurred in two of the areas simultaneously. Chief Mingee stated that for an alarm response there would be no difference from now as the entities all have mutual aid agreements in existence. He said the advantage is that the departments can better utilize those resources on a day-to-day basis. . Ms. Sandoval asked if there have been any surprises, or unanticipated issues that have come up which could cause problems relating to the consolidation. Chief Mingee stated there are always issues when dealing with personnel, apparatus and facilities, but he has seen no significant "red flags" to date. Mr. Timmons noted that an advantage of having the three agencies under one operation and control is the fact that one person rather than three is making decisions. Public comment: none Motion: Mrs. Medlicott moved to authorize the City Manager to sign the requested amendment to include Fire District 1 (Chimacum - Marrowstone Island) to the current Interlocal Agreement between the City of Port Townsend and Jefferson County Fire District 6 for Consolidated Fire Department Operations. Mr. Kolff seconded. The motion carried unanimously, 6-0, by voice vote. PRESIDING OFFICER'S REPORT APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD . Motion: Mr. Masci moved to accept the Mayor's recommendation and confirm the appointment of Marcy R. Jaffe to the Transportation Advisory Board (position 4, term City Council Business Meeting Page 9 May 16,2005 . . . expires May 1, 2007). Mr. Kolff seconded. Motion carried unanimously, 6-0, by voice vote. CITY MANAGER'S REPORT Mr. Timmons reviewed his e-mail memo regarding the proposed new Landfall Restaurant for the Council's information. Mr. Timmons stated that PTTV Station Manager Gary Lemons has determined that Millennium will install a live feed in the Cedar Room at no charge to the City. He also addressed the large number of business items pending before the Council and said that staff will be scheduling out the Council meetings to the end of the year, incorporating pending public hearings, budget discussions and other items. The plan for updating the Transportation Plan will be presented to the Transportation Committee at their next meeting. Mr. Benskin stated he would not be available for the May 23 meeting. ADJOURN There being no further business, the meeting was adjourned at 9:24 p.m. Attest: - I ) Othn CX~~ Pam Kolacy, ~~-C- ~ City Clerk City Council Business Meeting Page 10 May 16, 2005